Subscription Terms and
Sound Therapeutics Pty Ltd ATF Sound
Therapeutics T/A Stringosaurus
ABN: 25 179 848 601
SUBSCRIPTION TERMS AND CONDITIONS
Account means the online account that the buyer uses to purchase Goods on the website;
Buyer means the entity who the Goods are supplied by Stringosaurus;
Contract means a contract for the sale of Goods and/or Services arising out of an order accepted by Stringosaurus;
Force Majeure shall include but is not limited to an Act of God, war, natural disaster (including but not limited to an earthquake, flood, hurricane, volcano event, wildfire/bushfire or landslide), accidents, fire, storm, pandemic, COVID lockdown and/or transport delays resulting therefrom, terrorism, strike, embargo, civil disasters, change of legal/political environment, business disruption, revolt, energy failure and/or external telecommunications failure;
Goods means any goods and or services available for purchase on the Website by Stringosaurus including subscription packages;
GST means Goods and Services Tax as provided for in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Member means an account holder under the website who has completed the registration process and agrees to be bound by the terms and conditions;
Parties means the parties to these terms and conditions;
Purchase Services means the service provided by Stringosaurus which allows you to purchase the listed Goods via the Website;
Services Address means PerthMusic@stringosaurus.com;
Stringosaurus means Sound Therapeutics Pty Ltd ATF Sound Therapeutics T/A Stringosaurus (ABN 25 179 848 601);
Terms means the terms and conditions contained herein within this document; and
Website means stringosaurus.com and any pages or subpages associated with the domain name.
- About Stringosaurus
Stringosaurus provides you with an opportunity to purchase Goods through the Website, this agreement sets out the Terms and Conditions that apply.
- Trial Period
This clause applies only when you sign up for a Trial Period of the Subscribed Product. The Terms of this agreement apply during the Trial Period.
Stringosaurus reserves the right to withdraw any Goods from sale temporarily or permanently without prior notice to you for any reason.
- Registration to use the Purchase Services
- In order to access the Purchase Services, you must first register for an account through the Website (the ‘Account’).
- As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Mailing address
- Telephone number
- First and last name
- Date of birth
- You warrant that any information you give to Stringosaurus in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Purchase Services.
- You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Stringosaurus; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
- Your obligations as a Member
As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Stringosaurus of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Stringosuarus providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Stringosaurs;
- you will not use the Services or Website for any illegal and/or unauthorised use which include collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- Payment and Refund Policy
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- Following payment of the Purchase Price being confirmed by Stringosaurus, you will be issued with a receipt to confirm that the payment has been received and Stringosaurus may record your purchase details for future use.
- If you cancel your membership in accordance with clause 7, you acknowledge and accept that Stringosaurus is not obliged to provide you with a refund for the remaining period outstanding. Stringosaurus will instead maintain your access to the account for the balance of time remaining on the membership, however will not renew the membership when it expires.
- The Terms will continue to apply until terminated by either you or by Stringosaurus as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Stringosaurus with written notice of your intention to terminate; and
- closing your accounts for all the services which you use, where Stringosaurus has made this option available to you.
Your notice should be sent in writing to Stringosaurus at
- Stringosaurus may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Stringosaurus is required to do so by law; or
- the provision of Services to you by Stringosaurus is, in the opinion of Stringosaurus, no longer commercially viable.
- Subject to local applicable laws, Stringosaurus reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provisions of the Terms or any applicable law or if your conduct impacts Stringosaurus’ name or reputation or violates the rights of those of another party.
- Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related Goods of Stringosaurus are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Stringosaurus or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Stringosaurus, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Stringosaurus retains all rights, title and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Stringosaurus; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Stringosaurus and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Goods or third party content for any purpose, subject to the below clause e. This prohibition does not extend to materials on the Website, outside of the membership, which are freely available for re-use or are in the public domain.
- You may use the Goods as required to suit your personal students and teaching requirements however, Stringosaurus does not authorise you to sell or commercialise any of the Goods under the membership. The intellectual property rights and copyright in these Goods remain the property of Stringosaurus.
- General Disclaimer
- By using our Services, you agree that Stringosaurus is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Stringosaurus liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Stringosaurus.
- Your use of the Website does not confer any rights, title or interest in the intellectual property rights subsisting in the Content on the Website. We do not grant any such rights to you. We reserve all of our rights in the Content.
- You acknowledge that Stringosaurus does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Goods other than provided for pursuant to these Terms.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded;
- Stringosaurus will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity pursuant to statute or otherwise.
- Use of the Website, the Purchase Services and any of the Goods of Stringosaurus, is at your own risk. Everything on the Website, the Purchase Services and the Goods of Stringosaurus, are provided to you on an “as is” and “as available” basis, without warranty, or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Stringosaurus make any express or implied representation or warranty about its Content or any Goods or Purchase Services (including the Goods or Purchase Services of Stringosaurus) referred to on the Website. This includes (but is not restricted to) any loss or damage you might suffer as a result of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Goods;
- the Content or operation in respect to links which are provided for your convenience; or
- any failure to complete a transaction, or any loss arising from e-commerce transactions on the Website.
- Limitation of Liability
- Stringosaurus is not liable for any loss caused to the Buyer by Force Majeure and shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the Goods is reduced or suspended as a result of the force majeure, and notification is within reasonable time of acceptance of the Purchase Services and prior to transfer of ownership, you shall be entitled to terminate the agreement.
- Stringosaurus’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Stringosaurus, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- In relation to the supply of goods, to the extent permitted by the ACL, Stringosaurus’ liability is limited to:
- replacing the goods or supplying similar goods;
- repairing the goods;
- providing the cost for replacing the goods or for acquiring equivalent goods;
- providing the cost for having the goods repaired;
In relation to the supply of services to the extent permitted by the ACL, Stringosaurus’ liability is limited to:
- supplying the service again; or
- providing for the cost of having the services supplied again.
- To the extent permitted by the ACL, Stringosaurus is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Buyer.
- The obligations under this clause will survive termination of these Terms.
- Dispute Resolution and Defamation
- You agree not to post any content on any website(s) or social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring Stringosaurus into disrepute.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Mediation Association of Australia or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Perth, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Any notice required or permitted to be given by either party to the other under these conditions will be sent by email to the address provided by you. Sufficient notice will be deemed to have been served on the expiry of 24 hours after the email correspondence has been sent.
- Venue and Jurisdiction
The Services offered by Stringosaurus are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or Purchase Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Perth, Australia.
- Governing Law
The Terms and Conditions contained within this Agreement are governed by the laws of Western Australia and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia. The Buyer cannot bring a claim, suit or action arising out of any part of this Agreement in a different jurisdiction, regardless of the Buyer’s geographical locations.
- Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between the Buyer and Stringosaurus and supersedes any prior agreement, understanding or arrangement between the Buyer and Stringosaurus, whether oral or in writing. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.